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october 1976

Supreme Court of India · 1976-10-28

UNION OF INDIA vs SITA RAM JAISWAL

Citation / case number
SC 1968/60224
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
SITA RAM JAISWAL
Bench
RAY, A.N. (CJ)

Judgment text excerpt

The Supreme Court clarified that under Section 70 of the Indian Contract Act, a cause of action requires three ingredients: lawful delivery of goods, intention not to act gratuitously, and benefit to the recipient. The Court held that proper pleadings are essential before proceeding to trial, and in this case, the respondent should not have been allowed to proceed without them. The Court also noted that restoration under Section 70 does not necessitate actual delivery of goods but can be indicated through intent to reclaim rejected goods.

UNION OF INDIA vs SITA RAM JAISWAL · Niyam